If you are injured while on the job, you may be stressed and overwhelmed thinking about how you are going to support yourself and your family while you attempt to recover from your injuries. Some employees may be eligible to receive workers’ compensation benefits. In other cases, a claim against a third party may be the only recourse. For others, a combination of workers’ compensation benefits and a third-party injury claim may provide the best amount of compensation. Many third-party injury claims occurring as a result of workplace injuries involve defective products.
5 Situations Where You Can File a Third-Party Workplace Injury Claim
Workers’ compensation benefits were designed to provide workers with much needed financial assistance when they suffer an injury at the workplace. These benefits can provide critical relief at a time where it is much needed. Some employees, however, may need or wish to pursue a third-party liability claim in addition to pursuing workers’ compensation benefits. Situations where this might occur include the following:
- You were injured by a defective product. In these cases, you may pursue a product liability claim against the designer or manufacturer of the product that caused your injury.
- You were injured by a toxic substance used in the workplace. In these cases, you may be able to pursue a toxic tort lawsuit against the manufacturer of the substance.
- You were injured by your employer’s intentional or egregious conduct. In these cases, you may potentially file a personal injury lawsuit against your employer.
- You were injured on the job and your employer does not carry workers’ compensation insurance. In these cases, you may be able to pursue a legal claim against your employer in civil court, or possibly collect money from a state fund.
- You were injured by a third party other than your employer. In these cases, you may be able to pursue a personal injury lawsuit against that third party.
The first scenario outlined above, involving defective products, is a common situation where an employee may be injured by products used in the workplace. These products may include equipment, machinery, tools, and any number of other types of products.
Proving a Product Liability Lawsuit After a Workplace Injury
If you were injured as a result of a defective product used in your workplace, you may be entitled to compensation from the product’s designer or manufacturer. The specific party responsible for your injuries varies depending on the circumstances surrounding your injury. Potentially, anyone involved in the supply chain for the product could be liable. This may include the designer, manufacturer, distributor, or seller. For example, the engineer who designed the product may be liable, or the retailer that sold the product to your employer may be liable, as well. Pursuing these claims requires the guidance of a knowledgeable legal professional. You will need to present sufficient evidence in order to support your claim, including the following:
- You must show that you used the product in the way that it was intended to be used.
- You must show that the product that you used was defective.
- You must show that you suffered an injury.
- You must show that your injuries were caused by the defect in the product.
If you are able to demonstrate each of the above, you may be eligible to receive compensation for your injuries. This compensation may include money for your pain and suffering and future lost earnings, monies that are not typically available through workers’ compensation benefits. Your attorney can help you identify and quantify your damages as well as determine the proper parties who may potentially be responsible for your losses when pursuing a third-party injury claim.
Workplace injuries caused by defective products require the guidance of a knowledgeable professional. We are here to help. We encourage you to reach out today for a free consultation at 855-947-0707.